Estate (Present)
Duration
Future Interest
Words
Fee Simple
Forever
A’s heirs
To A and his heirs
Life Estate
A has life estate
1. O has a
reversion in fee
simple (Grantor)
1. (From O) to A
for life
2. B has a vested
remainder in fee
simple.
3. Vested
remainder subject
to open in fee
simple
4. B’s children
have a contingent
remainder in fee
simple subject to
condition
precedent(children
were not
ascertained). O
has reversion
subject to B’s
childrens’
contingent
remainder.
5. B has
contingent
remainder in fee
simple (subject to
condition
precedent). O has
reversion subject
to B’s contingent
remainder.
Fee Simple
Determinable
2. To A for life,
then to B and his
heirs
3. To A for life,
then to B’s
children
(B has one child)
4. To A for life,
then to B’s
children
(B has no
children)
5. (From O) to A
for life, then to B
and his heirs if he
graduates law
school before A
dies.
A has a fee simple O has a possibility From O to A, so
long as Blackacre
determinable
of reverter in fee
simple
is used for school
purposes.
O has a right of
entry in fee simple
(subject to A’s fee
simple subject to
condition
subsequent)
From O to A and
his heirs, but if
Blackacare is not
used as a school,
O has right of
entry
Fee Simple
subject to
Condition
Subsequent
A has a fee simple
subject to
condition
subsequent
Fee Simple
subject to
Executory Interest
A has a fee simple 1. B has a
shifting executory
subject to B’s
executory interest interest in fee
simple (subject to
A’s fee simple
subject to B’s
executory interest)
1. From O to A, so
long as
Blackacare is
used for school
purposes,
otherwise to B.
2. A has a life
estate.
2. O conveys
Blackacre to A for
life, then to B if B
gives A a proper
funeral.
2. O has reversion
in fee simple
(subject to B’s
springing
executory interest
in fee simple)
B has a springing
executory interest
in fee simple.
3. A has a life
estate
3. B has Vested
Remainder
Subject to C's
Executory Interest
Limitation
(Complete
Divestment)
3. From O to A for
life, then to B, but if B
dies under 21 to C.
C has a Shifting
Executory Interest
in Fee Simple
4. Fee Simple
Subject to Shifting
Executory
Limitation
4. Town Library
has a shifting
executory interest
(Automatic)
4. O conveys
Blackacre to School
District, but if
Blackacre is not used
for school purposes,
to town library.
Shifting Executory Interest - Cuts short an interest in a 3rd
party
O - Grantor
A - Grantee/Transferee (3rd Party)
B - Executory Interest
Springing Executory Interest - Cuts short an interest of the
Grantor (O)
B has a vested remainder subject to C’s shifting executory
interest
Example 7
A has life estate
B has a contingent remainder in fee simple
C has a contingent remainder in fee simple subject to B’s
contingent remainder in fee simple
Pairings
Example 7
B’s interest - contingent remainder
C’s interest - contingent remainder
Example 8
B’s interest - vested remainder subject to
divestment/executory interest
C interest - executory interest